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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, June 3, 2004

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Summary Minutes

1.

CALLED TO ORDER at 5:34 p.m.

  
2.

ROLL CALL

Board Members Present: Beall (Ex-Officio), Casas, Cortese, Dando, Dixon, Fowler, Gage, Gonzales, McHugh, McLemore, Pirzynski, Williams

Board Members Absent:� Chavez

Alternate Board Members Present: Kennedy

Alternate Board Members Absent: Alvarado, Kerr, Sandoval, Yeager

*� �Alternates do not serve unless participating as a Member.

����������� A quorum was present.

  
3.

ORDERS OF THE DAY

Added Agenda Item #5.X., Policy Advisory Committee (PAC) Chairpersons Report.

Deferred to August 5, 2004 Board of Directors Regular Meeting, Agenda Item # 29., Approve the FY 2004-05 Congestion Management Program (CMP) Work Program and Amended Budget.

Accepted Orders of the Day.

  
4.

AWARDS AND COMMENDATIONS

A.�������Employees of the Month for June 2004

    Presentedawards to Carlos Ugarte, Chaboya Operations, Don Angus, North Operations, as Employees of the Month for June 2004, and John Rolland as Supervisor of the Quarter.� �Francesca Kolling, Administration, was unable to attend.�
Alternate Board Member Kennedy arrived at 5:39 p.m.

B.�������Caltrain Service Presentation

    Ms. Rita Haskin, Caltrain Chief Communications Officer, provideda presentation regarding the Caltrain Communications Plan for Caltrains Baby Bullet, Revamped Service, and Weekend Return.�

Board Member Cortese arrived at the meeting at 5:40 p.m.

    Thanked Caltrain staff for the presentation and invited everyone to take advantage of the free Caltrain service on the next two weekends.
    Margaret Okuzumi, Bay Rail Alliance, recognized Caltrain for the ad campaign and for adding service without an increase in budget.
  
5.

PUBLIC PRESENTATIONS

Marylou Avanzino, Interested Citizen, expressed concern�on safety of citizens and congestion associated with the bus stop at Santa Teresa Kaiser Hospital.�� Ms. Avanzino urged that the problem be addressed when money is available.�

Robert DeMasi, Santa Teresa Kaiser Hospital, expressed concern�on the bus stop at Santa Teresa Kaiser Hospital and noted that parked buses become a hazard because it block half of the street.� Mr. DeMasi requested moving the bus stop half a block down the street as soon as money is available.

Eugene Bradley, VTA Riders Union, noted�that Santa Cruz buses have Global Positioning System (GPS) and stated that VTA should have the same system.� Mr. Bradley noted that having a GPS might improve ridership.

Big John, Interested Citizen, expressed concern�on fare increase and noted that it would cause hardship to people.�

  
5.X.

PAC Chairpersons Report

Yoriko Kishimoto, PAC Vice Chairperson, reported�a summary of the PAC May 13, 2004 meeting highlighting on:� 1. Committees discussion regarding the possibility of operating smaller buses in some communities; 2.� Committees formation of an Ad Hoc Committee for BART Extension to Milpitas, San Jose, and Santa Clara Project; 3.� Committees request to provide input on the financial/expenditure plan for � 2000 Measure A, and; 4. Committees recommendation to the Board to set the Congestion Management Program Member Agency fee at seven percent over the FY 2003/04 amended amount.

  

CONSENT AGENDA

Removed from the Consent Agenda and placed on the Regular Agenda:�Agenda Item #19., Approve the programming of $3.2 million in Local Program Reserve funds to the County of Santa Claras Montague Expressway Widening Project and $558,000 in Local Program Reserve Funds for construction of a soundwall on I-680 at Jacklin Road, and authorize the General Manager to enter into funding agreements with the County of Santa Clara and the Alameda Congestion Management Agency.�

  
6.

Approved the Minutes of the Board of Directors Workshop Meeting of April 23, 2004.

  
7.

Approved the Minutes of the Regular Board of Directors Meeting of May 6, 2004.

  
8. Approved the Minutes of the VTA/BART Board of Directors Jint Meeting of May 7, 2004.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

9.

Ratified the appointment of John Carpenter representing the City of Mountain View and the reappointments of Curt Riffle representing the City of Los Altos, David Kobayashi representing the County of Santa Clara, Marc Jensen representing the Town of Los Gatos, Jim Stallman representing the City of Saratoga, Herman Wadler representing the City of Campbell, Bill Reisinger representing the City of Milpitas, John Sullivan representing the City of Santa Clara, Bart Thielges representing the City of San Jose, Thomas Muniz representing the City of Gilroy, and Joe Walton representing the City of Cupertino to the Bicycle and Pedestrian Advisory Committee (BPAC) for the term ending June 30, 2006.

  
10.

Authorized the General Manager to execute a contract with R. M. Harris Co., Inc., the lowest responsible bidder, in the amount of $639,176 for construction of the I-880 Widening Ancillary Contract and Soundwall Project.

  
11.

Adopted a support position for AB 2085 (Montanez), which increases the base fine for stopping on the tracks of a railroad grade crossing from $101 to $311.

  
12.

Authorized the General Manager to enter into a funding agreement with the Metropolitan Transportation Commission to receive a grant for TransLink� Site Preparation activities.

  
13.

Authorized the General Manager to award a contract to Stringer Business Systems for the lease of walk-up photocopiers, for a three-year period in the amount of $502,110 and for two additional one-year options in the amount of $137,537 per year for a total of $777,185.

  
14.

Adopted a support position for SB 1210 (Torlakson), which extends for five years and expands a successful Caltrans pilot program involving the use of design-sequencing contracts for state highway projects.

  
15.

Adopted a support position for SCA 20 (Torlakson), which would change the California Constitution to make it more difficult for the Legislature to suspend or borrow money from Proposition 42.

  
16.

Authorized the General Manager to amend the contract with Santa Clara Valley Highway Associates for project controls, right-of-way engineering and construction management services supporting construction of the Route 87 (North) HOV Project for an amount not to exceed $4,932,000 and establishing a new total contract value of $25,109,522; and extend the term of the contract through March 2007.

  
17.

Adopted Resolution No. 04.06.09 authorizing the General Manager to execute a Program Supplement agreement with the State of California Department of Transportation (Caltrans) for Intelligent Transportation System (ITS) Integration Program funds. The amount of federal funds is $1,572,842 and will be used for the development of the core elements of a real-time passenger information system.

  
18.

Adopted Resolution No. 04.06.10 authorizing filing of applications for Transportation Fund for Clean Air 60% Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorize the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

19.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve the programming of $3.2 million in Local Program Reserve funds to the County of Santa Claras Montague Expressway Widening Project and $558,000 in Local Program Reserve Funds for construction of a soundwall on I-680 at Jacklin Road, and authorize the General Manager to enter into funding agreements with the County of Santa Clara and the Alameda Congestion Management Agency.

  
20.

Adopted the proposed process and criteria for programming Federal Surface Transportation Program (STP) funds to local streets and roads rehabilitation projects in 2005/06 and 2006/07.

  
21.

Approved the procedures and Evaluation Criteria for selecting and awarding for the Community Design and Transportation (CDT) Program Planning Grants.

  
22.

Approved the project priorities for the 2004/05 Countywide Transportation Development Act (TDA) Article 3 program.

  
23.

Authorized the General Manager to execute a contract with Dowling Associates, Inc., for Monitoring and Conformance Program services. The contract will be to provide program services for three Monitoring and Conformance cycles over a three-year period with an option for one two-year contract extension. Program services for the 2004 Monitoring and Conformance cycle shall be a time and materials contract with not to exceed amount of $150,000. The contract for the subsequent two cycles after year 2004 shall not have a not to exceed amount of $160,000.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

24.

Authorized the General Manager to execute agreement with the Union Pacific Railroad (UPRR) in a not to exceed contract amount of $505,337 for purchase of UPRR right-of-way and construction of railroad crossing modifications at the Great Mall Drive (Escort Drive) and Main Street intersection.

  
25.

Authorized the General Manager to execute grants of fee parcels and Public Service Easements (PSE) rights for approximately 300 parcels to the City of San Jose, City of Milpitas and various utility companies at no cost to the cities or utility companies.

  
26.

Authorized the General Manager to increase authorized funding for the Stacy and Witbeck, Inc., civil construction contract from San Jose Diridon Station to Winchester Station by an amount of $2,000,000 to accommodate third party change requests for a new contract amount of $31,568,701. This contract is 74 percent federally funded.

  
27.

Authorized the General Manager to execute contracts for Real Property Appraisal and Appraisal Review Services, as needed, with the following firms or individuals: Appraisal Research Corporation, Burchard & Rinehart, Charles Bailey & Associates, Inc., Dana Property Analysis, Dean Chapman & Associates, Inc., Diaz, Diaz & Boyd, Inc., Patrick Idiart & Associates, The Reitman Group, Thomas W. Ryland, Smith & Associates and Jonathon R. Strong. Each contract shall be for an initial three-year period with options for two additional years. The five-year total for all contracts shall not exceed $4,000,000.

  
  
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REGULAR AGENDA

  
19.

Approved the programming of $3.2 million in Local Program Reserve funds to the County of Santa Claras Montague Expressway Widening Project and $558,000 in Local Program Reserve Funds for construction of a soundwall on I-680 at Jacklin Road, and authorized�the General Manager to enter into funding agreements with the County of Santa Clara and the Alameda Congestion Management Agency.�

Lita Gabriel, Interested Citizen, requested the Board to approve closure of the soundwall gap.�

Manuel Gabriel, Interested Citizen, stated that the sound is becoming louder and noted that the neighborhood needs help.�

Board Members Dando and Gonzales left their seats at 6:09 p.m.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item # 34.A.)

Board Members Dando and Gonzales took their seats at 6:10 p.m.
Ex-Officio Board Member Beall arrived at the meeting at 6:10 p.m.

  
28.

1. Approved�the amendment of FY 2003 2004 and FY 2004 2005 biennial operating and capital budgets; 2. Adopted a finding that a fare increase is necessary to meet operating expenses, including employee wages and fringe benefits and purchasing or������� leasing supplies, equipment, or materials; 3. Invoked a Statutory Exemption under CEQA, P. R. C. �21080(b)(8) and CEQA Guidelines Section 15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and 4. Adopted Resolution No. 04.06.11 establishing new rates and fares for VTA bus, light rail, and paratransit services effective January 1, 2005.

Inquired about the percentage increase for youth fares.

Kevin Kittila, Interested Citizen, noted�that the fare increase is unfair and stated that the people will not be able to afford the proposed fares.

Board Member Dando left her seat at 6:21 p.m.

Joseph Iwami, VTA Employee, commented�that raising fares is punishing people who are in need.� Mr. Iwami commended the Board for deferring the fare increase last year.� Mr. Iwami suggested stopping shuttle services for private agencies and urged the Board � to be more innovative and creative in solving problems.��

Board Member Dando left her seat at 6:22 p.m.

Graham Clark, Fremont Union High School District, read a letter from the Superintendent.� Mr. Clark highlighted that the cost of the proposed youth fare increase will cause greater financial shortfall to the school districts budget and will inevitably force further cuts in staff and programs.

Chris Clark, Interested Citizen, expressed concern�on fare increase and noted that people would not be able to afford riding a bus.

Lupe Medrano, San Jose State University and Interested Citizen, inquired�about the source of the statistics in the memo.� Ms. Medrano noted that the fare increase causes undue hardship to people.�

Chairperson Gage left his seat at 6:27 p.m.
Chairperson Gage took his seat at 6:28 p.m.

Mr. Bradley expressed disappointment on the proposed fare increase and service cuts.� Mr. Bradley noted that cost of the new fares will cost the same as driving.�

Alicia Shreffer, San Jose City College (SJCC) and Students for Justice (SFJ), distributed a copy of a resolution entitled Resolution in Support of Save our Transit: Phase II.� She noted that transit fares should be affordable.

David Dias, American Lung Association of Santa Clara-San Benito Counties, commented that the youth should be encouraged to use transit.� �

Stuart Cohen, Transportation and Land Use Coalition, distributed a hand out entitled VTAs Fare Hikes: Cruel and Unusual Punishment.� Mr. Cohen commented that the fare policy should be looked at on a long-term basis and the farebox recovery ratio goal should be implemented within five years and not immediately.

Nathan Cardon, Grace Baptist Church, stated that fares should be reduced.

Board Member McLemore and Ex-Officio Board Member Beall left their seats at 6:35 p.m.

Latoria Williams, SJCC and SFJ, noted concern�that service is declining while fares are increasing.� Ms. Williams noted that the proposed fare increase will make transit more inaccessible.� Ms. Williams further noted that increasing fares will not increase ridership.

Theresa Barnes, Transportation Coalition, noted that people cannot save money if there will be fare hikes.

Board Member Casas left his seat at 6:37 p.m.

Robert Carvalho, Interested Citizen, distributed a hand out entitled Farebox Recovery Ratio Analysis, VTA Compared to Local Peer Operators.� Mr. Carvalho urged that the overhead costs be reduced.

Board Member Casas took his seat at 6:38 p.m.

Herman Schmitz-Salue, Interested Citizen, noted�that there is a need for bus and that people should be encouraged to use public transportation.� Given the economic situation, he stated that it is not the best time to increase fares and urged the Board to expand service and not to increase fares.

Board Member Gonzales left his seat at 6:40 p.m.

Ms. Okuzumi stated that the people willsuffer if the fare increase is approved.�Ms. Okuzumi noted that VTA should find other solutions other than increasing fares.�

Donna Wallach, Justice for Palestinians, stated that increasing the already expensive bus fares is inappropriate.� Ms. Wallach noted that the bus system is inefficient.� Ms. Wallach suggested putting pressure on the federal government to stop the war and funnel the money back to counties and cities.

Board Members Gonzales and McLemore and Ex-Officio Board Member Beall took their seats at 6:42p.m.

Darlene Wallach, Justice for Palestinians, stated that the current bus system only serves the rich and not the poor.� Ms. Wallach stated that VTA should start serving the community.

Tom Fink, Amalgated Transit Union Local 265, recognized the need to increase farebox recovery but cautioned that the proposed fare increases might decrease ridership.�����

Jenny Huang, Public Advocates Inc., commented�that VTA ignored transit needs of the majority.� Ms. Huang noted that the fare increase makes transit more unaffordable and inaccessible.� Ms. Huang noted that VTA should identify other just alternatives in solving the problem.

Lowell Grattan, Interested Citizen, cited an excerpt about transit plan and fare increases.� Mr. Grattan noted that the people were promised a light rail that runs 60 miles per hour.� Mr. Grattan suggested pausing the light rail service and focusing on the buses.

Board Member Cortese left his seat at 6:47 p.m.

Marco Lopez, Services, Immigrant Rights and Education Network (SIREN), noted the need for public transportation and urged the Board to make decisions that are just and humane.

Board Member McHugh left his seat at 6:50 p.m.

Lindsey Leong, California for Justice (CFJ), La Raza Student Alliance SJCC, expressed concern that the Board does not listen to public comments.� Ms. Leong stressed the need for public transportation.

Christopher Lepe, Transportation and Land Use Coalition (TALC), noted that the savings described in the memo should be used instead of raising fares.� Mr. Lepe stated that VTA should increase productiveness and not penalize bus riders by increasing fares.

Manuel Aparicio, Interested Citizen, urged the Board to consider the vulnerable people in their decision to increase fares.� Mr. Aparicio stated that fares should be lowered to increase ridership.

Robin Anderson, VTA Riders Union, stated that fares should not be increased.� He stated that VTA should cut administration cost.� Mr. Anderson noted that light rail should be stopped and service should be expanded.

Bruce Stevens, Interested Citizen, advised that there is not enough signage to let people know that they need to pay in order to ride the light rail.�

Ricardo Rivas, Interested Citizen, expressed concern that the fare increase will affect the youth of Santa Clara County.

Yevgeniy Lysyy, Interested Citizen, suggested taking some monies from Measure A for bus service.� Mr. Lysyy stated that the bus service should be expanded. Mr. Lysyy further noted that drivers should drive smart in order to save fuel.

Adiya Hines, SFJ, expressed concern�that people might move out the County due to higher cost of living.�

Board Members Cortese and McHugh took their seats at 7:05 p.m.

Board Member Williams left his seat at 7:05 p.m.

Rose Deterding, Visionary Lions, recognized the need for a fare increase but noted that the proposed increase will make it harder for people with fixed income.� She expressed dislike to the light rail system.

Zak Cribari, Interested Citizen, expressed concern on the mismanagement of money.� Mr. Cribari noted that people do not deserve to suffer for the choices that the Board has made.� Mr. Cribari urged the Board to take the public comments into consideration.

Jerry Grace, Interested Citizen, cautioned VTA that riders might not take the bus service anymore.

Board Member Gonzales left his seat at 7:10 p.m.

Alicia Dominguez, CFJ, expressed concern on fare increases and noted that VTA might lose riders if fares are increased.�

Board Members Gonzales and Williams took their seats at 7:11 p.m.

Noted that raising fares is a complicated and difficult decision.� Explained that�80 percent of VTAs revenue come from sales tax and noted that sales tax in the last ten quarters is still low.

Thanked staff for the report.� Expressed opposition to the fare increase because it will impact the community.

Explained that the fare increase is the only way to maintain VTAs financial health.� Stated that ridership is impacted by employment and noted that employment levels here in the County has not substantially improved.� Stated that VTA has subsidized fares for a long time and noted that the current financial situation would not be able to subsidize fares any longer.

Affirmed support for the fare increase.� Commented that the Ad Hoc Financial Stability Committee has met every week for nine months to create a Fare Policy.� Noted that the Ad Hoc Financial Stability Committees work should be respected.

Inquired how long after the fare increase will the ridership be back to normal.� Inquired about the increase for ECO Pass.�

Suggested a minor change on the youth monthly pass that will change the amount from $52 to $49.

Expressed appreciation to the public for making their voices heard.� Requested a status report on progress of model and its relation to staff projections.� Further requested staff to continue looking for alternatives to minimize impacts.� Requested the public to bear with the Boards decision.

Emphasized the need to establish credibility with the public.����������������

Complimented staff for their hard work.� Expressed opposition to fare increase.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item # 34.B.)

29.

(Deferred to the August 5, 2004 Regular Board of Directors Meeting.)

Approve the FY 2004-05 Congestion Management Program (CMP) Work Program and Amended Budget.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item # 34.C.)

30.

Authorized the General Manager to execute a contract with STV, Inc., for Yard & Shops design services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $11,000,000 for the Preliminary Engineering phase. The initial contract term will be for 24 months with future amendments to be presented to the Board for final design services once approval to enter into final design for the SVRT Project is determined. This contract is currently 2.3 percent ($250,000) federally funded.

  
31.

Authorized the General Manager to execute a contract with Booz Allen Hamilton, Inc. to provide Design Integration services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $5,000,000 for the Preliminary Engineering phase. The initial contract term will be for 24 months with future amendments to be presented to the Board for continued Design Integration services after approval to begin final design for the SVRT Project is determined. This contract is currently five percent ($250,000) federally funded.

  
  
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OTHER ITEMS

32. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
33.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
34.

SUMMARY MINUTES FROM STANDING COMMITTEES

�A.��Administration and Finance Committee

������Accepted as contained in the Agenda Packet.

B.� Congestion Management Program and Planning Committee

������Accepted as contained in the Agenda Packet.

C.��Transit Planning and Operations Committee

�����Accepted as contained in the Agenda Packet.

  
35.

REPORTS FROM ADVISORY COMMITTEES

A.����� Committee for Transit Accessibility (CTA)

���������Accepted as contained in the Agenda Packet.

B.���� Citizens Advisory Committee (CAC)

��������Accepted as contained in the Agenda Packet.

C.���� Bicycle & Pedestrian Advisory Committee (BPAC)

�������Accepted as contained in the Agenda Packet.

D.��� Technical Advisory Committee (TAC)

�������Accepted as contained in the Agenda Packet.

E.���� Policy Advisory Committee (PAC)

�������Accepted as contained in the Agenda Packet.

  
36.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Advised the Board Members that the Reports from the Joint Powers Boards (JPBs) & Regional Commissions were placed in front of them on the dais.

A.������Peninsula Corridor JPB

On order of Chairperson Gage, there being no objection, the Peninsula Corridor JPB Report was received.

B.����Capitol Corridor JPB

On order of Chairperson Gage, there being no objection, the Capitol Corridor JPB Report was received.

C.��� Metropolitan Transportation Commission (MTC)

On order of Chairperson Gage, there being no objection, the Metropolitan Transportation Commission (MTC) Report was received.

  
37.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.�� Vasona Light Rail PAB

����� There was no report from the Vasona Light Rail PAB.

B.�� Silicon Valley Rapid Transit Corridor PAB

����� Accepted as contained in the Agenda Packet.

C.� Downtown East Valley PAB��

���� �Accepted as contained in the Agenda Packet

D. �Highway PAB South

���� There was no report from the Highway PAB South.

E.���Dumbarton Rail Corridor Policy Committee

����� Accepted as contained in the Agenda Packet.

  
38.

REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

  
39.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
40.

ANNOUNCEMENTS

Announced the VTA and Santa Clara County Board of Supervisors Meeting scheduled for Friday, June 4, 2004 at 9:00 a.m.

  
41.

ADJOURNED at 7:36 p.m. � ������������

  
  
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